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(영문) 서울중앙지방법원 2018.04.12 2018고단353
조세범처벌법위반
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On May 12, 2006, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Tax Evaders Act, etc. on the grounds that the Defendant committed the crime of violation of the Punishment of Tax Evaders Act in the Suwon District Court on February 3, 2010, the Seoul Southern District Court received a summary order of KRW 3 million as a crime of violation of the Punishment of Tax Evaders Act, and on March 17, 2010, the Defendant was sentenced to eight months of imprisonment with prison labor and two years of suspended execution.

On the other hand, on July 10, 2013, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution on July 18, 2013 to a violation of the Control of Illegal Check Act in the Incheon District Court’s Branch Branch Branch.

[2] The Defendant is a person who operated a wholesaler, such as electrical equipment, etc. in the column of “AV” in the former ATU in Ansan-si, and is not issued or received a tax invoice under the Value-Added Tax Act without supplying or receiving goods or services.

1. On September 30, 201, the Defendant violated the Punishment of Tax Evaders Act due to issuance of a false tax invoice issued a false tax invoice with the content of the tax invoice as if it actually supplied goods of the same amount, even though there was no fact that the Defendant supplied goods equivalent to KRW 5,036,800 to AW (representative AX) at the above AV office.

In addition, from that to December 26, 2012, the Defendant issued a total of 26 times a false tax invoice equivalent to KRW 713,169,076, as shown in the annexed Table (1) of Crimes List.

2. On September 9, 201, the Defendant violated the Punishment of Tax Evaders Act due to receipt of a false tax invoice, issued a false tax invoice as if he actually received the goods of the same amount, even though he did not receive the goods equivalent to KRW 29,800,000 from a corporation AY (Representative Director AZ) at the same place as above.

In addition, the Defendant’s falsity, including this, from that time until December 26, 2012, is equivalent to KRW 731,980,460, total sum of 21 times as shown in [Attachment Table 2].

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